Collection of Deficiency Judgments

Case:  Regions Bank v. Thomas D. Thomas, et al. Issue:  When is a lender entitled to a deficiency judgment after failing to comply with the commercial code’s collection requirements? Facts:  Borrower defaulted on loan. Bank accelerated … [Read more...]

Administrative Appeals

Case:  Tennessee Department of Correction v. David Pressley Issue:  Does the State or the Employee have the burden of proof in an administrative employment appeal? Facts:  State Employee filed administrative appeal challenging his … [Read more...]

Marital Property

Case:  In re Estate of Calvert Hugh Fletcher Issue:  Do funds invested from marital property by one spouse remain marital property? Facts:  Decedent owned a certificate of deposit before dying. Wife alleged that the funds were derived … [Read more...]

Wrongful Death Claims When Child Support is Owed

Case:  Kenneth M. Spires et al v. Haley Reece Simpson et al. Issue:  Can a surviving spouse who owes child support commence and maintain a wrongful death action? Facts:  Husband and Wife had a Child together. Wife was killed in a car … [Read more...]

Wrongful Death Statute of Limitations

Case:  Linda Beard v. James William Branson, et al. Issue:  Does a pro se complaint filed by the decedent’s surviving spouse toll the wrongful death statute of limitations? Facts:  Surviving spouse filed a pro se wrongful death action … [Read more...]

Check Your Firearms At Home Before Heading to the Airport

In 2015, 59 people were found taking firearms into Nashville International Airport (BNA), the sixth most of any airport. Presumably, none of these people were planning to hijack the plane or commit any other kind of crime. It is easy to … [Read more...]

Preemption of Employer Negligence by Vicarious Liability

Case:  Melanie Jones, individually and on behalf of Matthew H. v. Shavonna Rachelle Windham, et al. Issue:  Does an employer’s admission of vicarious liability preempt claims for direct employer negligence? Facts:  Plaintiff was hit by a … [Read more...]

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